Lecture 2:
Assignment:
Form Groups, Look at laws, how applicable they are and what buildings don’t meet those
requirements. Aside from the usual
Legal requirements for buildings and maintenance. Laws that give KCCA the mandate to shut
down different buildings.
1.1 Building Control Act 2013
1.1.1 Section 33 Building Control Act 202: Compulsory maintenance
Lottis Tower- Cracked pillars inside,
1.1.2 Sec 40 of the Building Control Act 2013,: Non-compliant building operations
Restaurant in Ntinda under struction got halted.
KCCA established a building committee under the Directorate of Engineering and Technical
Services in accordance with Section 28 of the Building Control Act 2013 and the Building
Control Regulations 2020.
1.1.3 Section 46 of the Building Control Act- Accessibility
0.5% of the fixed seats for wheelchairs. In auditoriums,
1.2 Building Control Regulations 2020
1.2.1 Counterfeit material used in Construction, National Building Control Act
At Kisenyi: That act gives mandate to KCCA and National Review Board to inspect, regulate
and monitor buildings’ materials before they are used. Also monitored by Anti-Counterfeit
Network. ALSO Section 16 of the Building Control Regulation 2020: Use of unconventional
materials or methods
1.3 Public Health Act Cap 281
1.3.1 Closed according to sec 54, 55, 58, 59, 61 of the Public Health Act Cap 281
Impala House- Kimathi Avenue: Adam House- Portal Avenue . – About nuisance such as
Broken window panes, electrical wiring and repairs, need for painting, need for them to improve
on their paving and fix their rusted external roofs, plug drainage pipes and gutters.
1.3.2 areas according to section 72 of the Public Health Act Cap 281
Removal of Kiosks and shanty structures from taxi parks and in several, KCCA has the
power to require removal of illegal structures upon notice to them and if they neglect or refuse to
comply with the commands in the notice then the removal can be done by KCCA.
1.3.3 Section 69 of the Public Health Act Cap 281 - Precautions against fire in shops, etc.
(1) Every office building, factory, workshop and shop in which more than ten persons reside or
are employed at any one time shall—
i. be constructed of fire-resisting materials;
ii. be provided with a sufficient number of fire escapes;
iii. be provided with a secondary means of access;
iv. (d) have fire-resisting floors, stairs, staircases and passages; and
v. be provided with suitable and convenient sites for the placing of refuse receptacles and
the removal of the receptacles, the sites having an impervious floor surrounded by a curb
or dwarf wall.
1.3.4 Section 71 of the Public Health Act 281: Building Rules
regulate the following matters— All these matters shall be looked at when inspecting to
determine if it should be closed or not:
(a) as regards buildings—
(i) the construction of buildings and the materials to be used in the construction of
buildings;
(ii) the space about buildings, the lighting and ventilation of buildings and the dimensions
of rooms intended for human habitation;
(iii) the height of buildings;
(iv) he height of chimneys, not being separate buildings, above the roof of the building of
which they form part;
(b) as regards works and fittings—
i. sanitary conveniences in connection with buildings;
ii. the drainage of buildings, including the means for conveying soil, waste, storm and
subsoil water from buildings and their curtilages;
iii. cesspools and other means for the reception or disposal of foul matter in connection with
buildings;
iv. ash pits in connection with buildings;
v. wells, tanks and cisterns for the supply of water for human consumption in connection
with buildings;
vi. stoves and other fittings in buildings, not being electric stoves or fittings, insofar as rules
with respect to such matters are required for the purposes of health and the prevention of
fire;
vii. private and public sewers, communications between drains and sewers and between
sewers.
What the committee can do in case any of the above are inspected and do not comply:
Any rules to which this section relates may include provisions as to— (a) the giving of notices
and the deposit of plans, sections, specifications and written particulars; (b) the inspection of
work; (c) the protection and testing of drains and private sewers, and the taking by the local
authority of samples of materials to be used in the construction of buildings, or in the execution
of other works; (d) the protection of public sewers; (e) the examination and licensing of
plumbers and drain layers; and (f) the fixing and charging of fees in respect of any of the
foregoing matters and the persons to whom the fees shall be paid
[Link] Which Buildings do you think should be closed:
CEDAT OLD Building: - No accessibility for disabled persons (Section 46 of the Building
Control Act), Poor maintenance, Nuisance
All the Halls in MUK minus Africa- ditto (the same as above)
Acacia – Cinema according to the accessibility laws
Qualicel, Pentagon – Flood with faeces, poor drainage.
Others
Building potrusions, KCCA Regulations Acts Sec58
1.4 Landlord and Tenant Act
- stipulates who is supposed to do what repairs, what repairs are considered in terms of urgency,
1.5 Occupational Safety and Health Act of 2006
Read the acts and what the law provides for in terms of legal requirements of buildings.
1.6 Condition/ State of repair
i. Rental purposes
ii. Secured lending
iii. Sale and Purchase
iv. Court and Auction
v. Accounting
vi. *Compensation sec 77 of the Land Act- just state the condition but only replacement cost
considered.*
vii. Insurance
When using comparables, it would be necessary to conduct and adjustment analysis for the state
of repair. E.g.,
State of Repair A (Daphne) B (Ann)
Broken Sanitary Ware Good condition Broken
Walls Peeling paint Blistering
Fittings and installations
Existing Wardrobes
No fine Exists
Homework: Read Adjustable Analysis.
